Civil Law II

Haryana Civil Service  (Judicial)
Examination  2001
Civil Law Paper – II
Time : 3 Hours                                                                                                                                                                             M.M. 200
Note  ;  All question are compulsory.  Answer all of them.

Q.  1(a)  Discuss the nature of marriage under the Hindu law and the Muslim Law with the help of decided cases.  A Hindu boy of 21 years of age married to a Muslim girl 19 years.  Under which Law the marriage would be valid?  If not, what would be the status and position of children out of this wedlock  ?  Whether they would be legitimate  ?
(b)  Discuss with the help of decided cases the remedy of Restitution of Conjugal Rights and wife's defence of job at different place under the Hindu Marriage Act, 1955.  Do you subscribe the view that this remedy is barbaric and unconstitutional  ?
Q.  2(a)  Explain the powers and position of 'Karta' in a Joint Hindu Family.  Whether a female Hindu can be 'Karta'?  Under which circumstances the 'Karta' can alienate Joint Hindu family property  ?  Refer to decided cases.
(b)  What do you mean by doctrine of 'Pious Obligation' and the defence of 'Avyavaharik (immoral) debt'?
Q  3(a)  A Hindu male died intestate leaving behind widow, father, a son who has converted to islam, a married daughter and other son's widow who is residing with her parents.  How and to whom his property will devolve?
(b)  "The Hindu Succession Act, 1956 has made serious inroads in the Mitakshra principle of survivorship".  Discuss in the light of section 6 of the Act.
Q.  4(a)  Who can claim Haq-Shufa (pre-emption) and what are the formalities to claim right to pre-emption  ?  State the legal devices for evading right of pre-emption.
(b)  Explain the essential conditions of a valid acknowledgement.  Refer to decided cases.
Q.  5(a)  What do you mean by doctrines of 'Aul and Radd'.
(b)(i)  A Muslim woman died leaving her husband and two sisters.  How her property will devolve  ?
(ii)  A Muslim male died leaving his mother, widow and daughter.  How much share they will get  ?
Q.  6(a)  "The Punjab customary practices sometimes have precedence over enacted law like the Hindu Succession At, 1956".  Discuss.  A Hindu having only agricultural holding died and left behind two sons and one married daughter.  The married daughter demanded her 1/3 share in the agricultural holding.  Sons claimed that she is not entitled to the share according to Punjab Customary Law.  Decide.
(b)  What are the special duties and controlling powers of the Registrar under the Indian Registration Act, 1908.
Q.  7(a)  "The Law of Limitation is retrospective in its effect".  comment.  What are the rules of Limitation in the case of trust  ?
(b)  Once period of limitation starts to run no subsequent disability can stop it".  Explain.
Q.  8(a)  Explain the principles regarding the exclusion of the time while computing the period of Limitation for suits and appeals.
(b)  When does the payment of interest or a part payment of principal amount by the debtor extend the period of Limitation.